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ENGESSER v. DOOLEY

No. 24708.

759 N.W.2d 309 (2008)

2008 SD 124

Oakley ENGESSER, Petitioner and Appellee, v. Robert DOOLEY, Respondent and Appellant.

Supreme Court of South Dakota.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Rena M. Hymans, Sturgis, South Dakota, Attorney for petitioner and appellee.

Sherri Sundem Wald, Deputy Attorney General, Pierre, South Dakota, Lawrence E. Long, Attorney General, Attorneys for respondent and appellant.

MEIERHENRY, Justice.

[¶ 1.] The State appeals the circuit court's grant of Oakley B. Engesser's petition for a writ of habeas corpus. This is Engesser's second petition for a writ of habeas corpus in state court. A jury convicted Engesser of vehicular homicide and two counts of vehicular battery. He was sentenced to twenty-five years in the South Dakota State Penitentiary. His conviction was affirmed on appeal in State v. Engesser, 2003 SD 47, ...

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